Sec. 2. (a) Each precinct election board shall, at the close of the polls, place any affidavit prescribed by IC 3-6-6-12 for use on election day to determine the eligibility of a precinct election officer and any affidavit prescribed by IC 3-10-1-9 to challenge the party affiliation of a person wishing to cast a ballot in a primary election in a strong paper bag or envelope and securely seal it. Each member shall endorse that member's name on the back of the bag or envelope.
(b) Each precinct election board shall, at the close of the polls, place any affidavit other than an affidavit described in subsection (a) that is challenging the eligibility of a person who has offered to vote at a primary election in a strong paper bag or envelope and securely seal it. Each member shall endorse that member's name on the back of the bag or envelope.
(c) The inspector and judge of the opposite political party shall deliver the sealed bags or envelopes to the county election board. The county election board shall do the following:
(1) Remove the affidavits from the bag or envelope.
(2) Mail a copy of each affidavit to the secretary of state.
(3) Replace the affidavits within the bag or envelope.
(4) Reseal the bag or envelope with the endorsement of the name of each county election board member on the back of the bag or envelope.
(5) Carefully preserve the resealed bag or envelope and deliver it, with the county election board's seal unbroken, to the foreman of the grand jury when next in session.
(d) The grand jury shall inquire into the truth or falsity of the affidavits, and the court having jurisdiction over the grand jury shall specially charge the jury as to its duties under this section.
(e) The grand jury shall file a report of the result of its inquiry with:
(1) the court; and
(2) the NVRA official if a violation of NVRA appears to have occurred.
(f) The prosecuting attorney shall preserve the affidavits and envelopes in accordance with IC 3-10-1-31.1, and shall return the affidavits and envelopes to the circuit court clerk after the prosecuting attorney has completed any proceeding resulting from the investigation of the affidavits and envelopes.
As added by P.L.5-1986, SEC.10. Amended by P.L.12-1995, SEC.91; P.L.2-1996, SEC.208; P.L.3-1997, SEC.408; P.L.230-2005, SEC.67; P.L.157-2019, SEC.39.
Structure Indiana Code
Chapter 5. Enforcement Provisions
3-14-5-1. Affidavit Against Illegal Voter
3-14-5-3. Duty to Report Violations to Prosecuting Attorney and Violator; Presentation to Grand Jury
3-14-5-4. Prosecution of Violators
3-14-5-5. Indictment or Information; Allegations
3-14-5-6. Criminal Prosecutions; Self-Incrimination Defense Not Available to Witness